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Supreme Court Of India

Hon'ble Judge(s): Tarun Chatterjee, Markandeya Katju , JJ

(A) Civil P.C. (5 of 1908) , O.6 R.17— Amendment of written statement - Delay in seeking amendment - No ground to refuse amendment - Plea that the amendment was sought to stall hearing of suit on day fixed - Rejected as defendant undertook to file amended W. S. within two days. (Para 5 7) (B) Civil P.C. (5 of 1908) , O.6 R.17— Amendment of written statement - Considerations - Merit of amendment - Cannot be gone into - Only question to be considered is whether such amendment would be necessary for decision of the real controversy between the parties in suit. (Para 5) (C) Civil P.C. (5 of 1908) , O.6 R.17— Amendment of written statement - Amendment sought to introduce new defence - Is permissible. (Para 6) (D) Civil P.C. (5 of 1908) , O.18 R.2— Evidence by defendant - Suit for recovery of money - Defendant seeking to tender in evidence portions of affidavit in chief of plaintiff - Portions sought to be tendered in evidence relevant and germane to issues in suit - Permission cannot be refused only on ground the same did not contain any admission. ....